Daniel E. Mcbrayer, Sr. Et Al.v.Governors Ridge Office Park Association, Inc. Et Al.
Daniel McBrayer operated an abortion clinic in a commercial office park zoned for medical practices. Governors Ridge Office Park Association sued him for nuisance and breach of restrictive covenants, relying on the clinic’s controversial nature, protests, fear of violence, and alleged loitering, littering, urination, and defecation by patients or their companions. A jury found against McBrayer, and the trial court denied his motion for a new trial. The Court of Appeals of Georgia held that the evidence did not support nuisance liability based merely on a lawful medical practice that some neighbors found offensive or that attracted protests. A single fire and violence at other clinics could not establish a continuing nuisance, and the evidence did not sufficiently connect or quantify the alleged misconduct by invitees. The court also held that the vague covenant could be enforced only to the extent conduct fit Georgia’s common-law nuisance definition. Because McBrayer was entitled to a new trial, the court reversed and remanded without deciding the remaining issues.
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